139Providing a designated service using a false customer name or customer anonymity

#### 139 Providing a designated service using a false customer name or customer anonymity (1) A person commits an offence if: (a) the person is a reporting entity; and (b) the person commences to provide a designated service; and (c) the person does so using a false customer name; and (d) at least one provision of Division 2, 3 or 4 of Part 2 applies to the provision of the designated service. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (2) Strict liability applies to the paragraph (1)(d) element of the offence. > Note: For strict liability, see section 6.1 of the Criminal Code. (2A) Paragraph (1)(c) does not apply to a false customer name if the customer’s use of that name is justified, or excused, by or under a law. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code). (3) A person commits an offence if: (a) the person is a reporting entity; and (b) the person commences to provide a designated service; and (c) the person does so on the basis of customer anonymity; and (d) at least one provision of Division 2, 3 or 4 of Part 2 applies to the provision of the designated service. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (4) Strict liability applies to the paragraph (3)(d) element of the offence. > Note: For strict liability, see section 6.1 of the Criminal Code.